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California Overtime Laws 2025: When You’re Entitled to Time-and-a-Half

If you work in California, you have stronger overtime protection than most workers in the United States. California overtime laws are some of the toughest in the nation—and they’re designed to protect you.

The good news: you might be earning money you didn’t realize. The challenge: many employers don’t follow these laws correctly.

This guide walks you through California overtime laws so you understand when you’re entitled to extra pay, how much you should receive, and what to do if your employer isn’t paying you correctly.

What Is California Overtime?

California overtime is extra pay you earn for working beyond standard hours. California overtime laws require employers to pay employees additional wages when they work longer than a set number of hours.

Here’s the basic rule: If you’re a non-exempt employee in California, you must be paid overtime whenever you work:

  • More than 8 hours in a single workday
  • More than 40 hours in a single workweek
  • More than 6 days in a workweek (7th day rate applies)

This is mandated by California Labor Code § 510 (often called “Labor Code 510” or just “the overtime law”).

The key difference between California and federal law is timing. Federal law (FLSA) only counts weekly overtime at 40+ hours. California counts both daily and weekly overtime, meaning you qualify for overtime protections more often.

Understanding Labor Code § 510

Labor Code § 510 is California’s primary overtime statute. This law is the foundation of all overtime protections in the state.

What the law says:
“Any work in excess of eight hours per day or forty hours per week, and the first eight hours worked on the seventh day of work in any one workweek, shall be compensated at the rate of one and one-half times the employee’s regular rate of pay.”

In simpler terms: work beyond these thresholds equals overtime pay at time-and-a-half.

The law applies to most private sector workers in California. Public sector workers have similar protections under related labor codes.

Important note: This law applies to non-exempt employees only. If you’re classified as exempt, different rules apply.

California Overtime Pay Rates: 1.5x and 2x

California has two overtime rates: time-and-a-half (1.5x) and double-time (2x). Knowing which applies to your situation is critical for calculating what you should earn.

Time-and-a-Half (1.5x Your Regular Rate)

You earn 1.5x your regular hourly rate for:

  • Hours 9-12 in a single workday (hours beyond 8 up to 12)
  • Hours beyond 40 in a single workweek
  • The first 8 hours worked on your 7th consecutive workday

Example: You earn $20 per hour. For your 9th hour worked in a day, you earn $30 per hour (1.5 × $20).

Double-Time (2x Your Regular Rate)

You earn 2x your regular hourly rate for:

  • Hours beyond 12 in a single workday (13th hour and beyond)
  • Hours beyond 8 on your 7th consecutive workday

Example: You earn $20 per hour. For your 13th hour worked in a day, you earn $40 per hour (2 × $20).

Why both rates exist: California law recognizes that extremely long workdays and working seven days straight are especially demanding. The double-time rate reflects that additional burden.

Key Elements of California Overtime Laws

The 8-Hour Daily Overtime Rule

One of California’s strongest protections is the 8-hour daily rule. This means any hour you work beyond 8 hours in a single day triggers overtime pay—even if you haven’t worked 40 hours that week yet.

How It Works

  • Hours 1-8 in a workday: Regular pay
  • Hours 9-12 in a workday: Time-and-a-half (1.5x)
  • Hours 13+: Double-time (2x)

Real-World Example

Let’s say you work 10 hours on Monday and 30 hours later in the week (Tuesday through Friday), earning $25 per hour.

  • Monday: 8 hours × $25 = $200 (regular pay)
  • Monday: 2 hours × $37.50 = $75 (overtime hours 9-10)
  • Tuesday-Friday: 30 hours × $25 = $750 (regular pay, all under 8 hours per day)
  • Total weekly pay: $1,025

Without California’s daily overtime rule, you’d only qualify for overtime once you hit 40 hours for the week. With the daily rule, you’re protected even on your first day of the workweek.

The 40-Hour Weekly Overtime Rule

California also counts weekly hours. If you work more than 40 hours in a single workweek, you earn overtime for those extra hours—even if no single day exceeded 8 hours.

How It Works

For weekly overtime, you count total hours worked. Hours that already qualified for daily overtime don’t “double-count” for weekly overtime. This prevents unfair stacking of overtime payments.

The rule: You get whichever overtime protection is better for you in any given situation.

Real-World Example

Let’s say you work 10 hours per day, 5 days per week, earning $25 per hour.

  • Daily overtime: 5 days × 2 hours per day = 10 hours of daily overtime
  • Weekly overtime check: 50 total hours – 40 regular hours = 10 hours of weekly overtime
  • Result: You earn 10 hours of overtime pay (the same amount either way)

In most cases, the daily rule provides more overtime protection than the weekly rule in California. But the law ensures you get the benefit whichever way it calculates.

The 7th Consecutive Day Rule

If you work seven days in a row, California gives you special overtime protection on that 7th day.

How It Works

On your 7th consecutive day of work in a workweek:

  • The first 8 hours you work are paid at 1.5x (time-and-a-half)
  • Any hours beyond 8 are paid at 2x (double-time)

This applies regardless of how many hours you’ve worked earlier in the week.

Important Definition: “Consecutive Days”

Consecutive means back-to-back. If you work Monday through Sunday, all seven days are consecutive. If you work Monday through Saturday, then take Sunday off, Monday of the next week doesn’t count as your 7th consecutive day—it’s day 1 of a new cycle.

Real-World Example

You work Monday through Sunday (7 consecutive days) as a restaurant server earning $18 per hour.

  • Monday-Saturday (first 6 days): Regular rate applies (assuming 8 hours or less per day)
  • Sunday (7th day, first 8 hours): 8 hours × $27 = $216 (time-and-a-half)
  • Sunday (7th day, hours 9+): Any additional hours × $36 = double-time

The 7th day rule exists because workers deserve rest and higher compensation when working an entire week without a day off.

Calculating Your Regular Rate

Your “regular rate” is the foundation for calculating overtime. It includes more than just your hourly wage. The regular rate includes:

  • Base hourly wage: Your standard pay rate
  • Non-discretionary bonuses: Production bonuses, attendance bonuses, performance bonuses
  • Commissions: Sales commissions or piece-rate pay
  • Shift differentials: Extra pay for night, weekend, or swing shifts

The regular rate does not include:

  • Gifts and discretionary bonuses
  • Reimbursements for expenses
  • Premium pay you already received for overtime
  • Paid time off or vacation pay

To calculate your regular rate when you receive bonuses or commissions, add all compensation for the workweek and divide by total hours worked. Then multiply by 1.5 for the overtime rate.

Overtime for Different Pay Structures

Hourly employees: Overtime is 1.5x your hourly rate. If you earn $20/hour, overtime is $30/hour.

Salaried non-exempt employees: Divide your weekly salary by hours worked to find the regular rate. Then calculate overtime based on that rate. Being salaried doesn’t automatically mean you’re exempt from overtime.

Piece-rate workers: Total earnings divided by total hours worked equals your regular rate. You’re then owed an additional 0.5x that rate for overtime hours.

Commission employees: Similar to piece-rate. Total commissions plus base pay divided by hours worked. Additional 0.5x that rate for overtime hours.

Exempt vs. Non-Exempt Employees

Overtime laws apply only to non-exempt employees. If your employer has classified you as exempt, you may not be entitled to overtime pay—but only if that classification is actually correct under California law.

This is a critical distinction because many employers misclassify workers as exempt to avoid paying overtime.

Non-Exempt Employees (You Get Overtime)

Non-exempt employees must receive overtime pay when they work beyond the thresholds mentioned above. Most California workers are non-exempt.

Non-exempt positions typically include:

  • Hourly workers
  • Customer service representatives
  • Retail workers
  • Administrative assistants
  • Technicians
  • Many supervisory positions

Exempt Employees (No Overtime Required)

Exempt employees don’t receive overtime pay regardless of hours worked. However, California has strict rules about who qualifies.

To be classified as exempt, an employee must:

  • Be paid on a salary basis (not hourly)
  • Earn at least the state minimum salary threshold
  • Perform primarily executive, professional, or administrative duties

Exempt categories include:

  • Executives with meaningful management authority
  • Professionals (doctors, lawyers, engineers, accountants, teachers)
  • Administrative employees with independent judgment in significant matters

Important: Employers often misclassify workers as exempt. Just because your employer says you’re exempt doesn’t make it true. If your job doesn’t fit California’s strict definition, you may be non-exempt and entitled to overtime pay.

When to Question Your Classification

If you have any of these situations, your exempt status might be wrong:

  • You’re paid hourly (not salary)
  • You make less than California’s exempt threshold
  • You primarily perform non-management duties
  • Your employer controls when and how you work
  • You don’t have independent decision-making authority

If your classification feels wrong, consult with an employment lawyer. Misclassification is one of the most common wage violations in California.

California vs. Federal Overtime Rules

Understanding the differences between California and federal overtime law shows you the additional protections California provides.

Factor Federal Law (FLSA) California Law
Daily Overtime None Required after 8 hours/day
Weekly Overtime After 40 hours/week After 40 hours/week
Seventh Day Overtime None 1.5x for first 8 hours, 2x after
Double Time Not required Required (12+ hours/day, 8+ on 7th day)
Overtime Rate 1.5x regular rate 1.5x regular rate (sometimes 2x)
Salary Threshold (Exemption) $684/week ($35,568/year) in 2025 (after court ruling blocked increase) 2x state minimum wage ($68,640/year for full-time in 2025)
Comp Time (Private Sector) Allowed in limited circumstances Generally not allowed
Regular Rate Calculation Similar but fewer inclusions Includes more forms of compensation

California law applies when it provides greater benefits. Your employer must follow California’s stricter rules, including daily overtime and double time requirements.

What Counts as Your “Regular Rate” for Overtime?

Your overtime pay is calculated as a multiple of your “regular rate of pay.”

Included in regular rate: Hourly wage, productivity bonuses, sales commissions, and piece-rate pay

NOT included: Discretionary bonuses, gifts, expense reimbursement, vacation pay

If your employer includes non-regular items in your regular rate calculation, your overtime pay could be wrong. Your base rate ($20/hour) determines your overtime rate ($30/hour for 1.5x), not bonuses added on top.

Common Overtime Violations in California

Employers break overtime laws in several predictable ways:

  • Misclassification: Labeling workers as “exempt” or “contractors” to avoid overtime pay
  • Off-the-clock work: Requiring work before clocking in or after clocking out
  • Rounding errors: Recording fewer hours than actually worked
  • Calculation mistakes: Using wrong rates, failing to include bonuses, or applying incorrect overtime multipliers
  • Comp time instead of pay: Offering time off instead of cash overtime (California forbids this in private sector)

If you recognize any of these at your workplace, you likely have a wage claim.

How to File for Unpaid Overtime in California

Step 1: Document everything—hours worked, pay stubs, dates, times, and any payment communications.

Step 2: Request payment from your employer in writing (email or letter). Keep a copy.

Step 3: If the employer doesn’t respond, file a wage claim with the California Department of Industrial Relations (dir.ca.gov). The process is free.

Step 4: For larger claims, hire an employment attorney to file a civil lawsuit. California allows class actions when multiple workers were affected by the same violation.

Key Takeaways

California overtime laws give you strong protections:

  • You earn overtime for hours beyond 8 per day and 40 per week
  • Time-and-a-half is standard; double-time applies to hours beyond 12 daily or on your 7th consecutive workday
  • Only non-exempt employees qualify for overtime
  • Exempt status requires strict adherence to California’s definitions
  • Common violations include misclassification, off-clock work, and improper calculations
  • You can recover unpaid overtime through claims or lawsuits

If you’ve worked overtime without being paid correctly, you have legal options. The statute of limitations for overtime claims is generally three years, so time matters.

Related Resources

For more information on California wage and hour laws, explore these topics:

Have a Question About Your Overtime?

If you’re unsure whether you’ve been paid correctly or want to explore your legal options, consult with an employment law attorney. Many offer free initial consultations and work on contingency for wage claims—meaning you pay nothing unless you win.

Your time has value. California law recognizes that. Make sure you’re paid what you’ve earned.

Frequently Asked Questions

Can my employer require me to work overtime?

Yes. Your employer can require you to work overtime as long as they pay you correctly. California doesn’t limit the number of overtime hours you can be required to work. However, your employer cannot retaliate against you for refusing to work overtime in certain situations, such as when you’re legally entitled to refuse based on safety concerns or other protected reasons.

Does working weekends automatically mean overtime pay?

Not automatically. Overtime depends on total hours worked, not which days you work. If you work Saturday and Sunday but only total 40 hours for the week with no single day over 8 hours, you receive regular pay. However, if Saturday or Sunday is your seventh consecutive workday, the seventh day overtime rules apply.

Can my employer give me comp time instead of overtime pay?

Generally no. Private employers in California cannot substitute compensatory time off (comp time) for overtime pay. You must be paid overtime wages in the pay period when you earned them. Public sector employees have limited comp time options under specific rules, but private sector employees must receive cash payment.

What if I’m salaried? Am I automatically exempt from overtime?

No. Being salaried doesn’t automatically exempt you from overtime. You must meet both the salary test (earning at least 2x minimum wage) and the duties test (performing executive, administrative, or professional duties). Many salaried employees are misclassified as exempt and are actually entitled to overtime pay.

Can my employer average my hours over two weeks to avoid overtime?

No. California calculates overtime based on the workday and workweek. Your employer cannot average hours across multiple weeks. If you work 50 hours one week and 30 hours the next, you’re owed 10 hours of overtime for the first week. The 30-hour week doesn’t cancel out the overtime owed.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. If you have questions about your specific situation, consult with a qualified California employment attorney who can evaluate your case and provide personalized guidance.

Source: California Department of Industrial Relations (DIR), Division of Labor Standards Enforcement (DLSE), California Labor Code § 510, § 1194, Industrial Welfare Commission (IWC) Wage Orders